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Roger
Roger, Attorney
Category: Business Law
Satisfied Customers: 26435
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I closed my business (LLC) in 2007(lost $70k) and then got

Resolved Question:

I closed my business (LLC) in 2007(lost $70k) and then got a judgement from a client for $46k in 2008. Now i'm getting hit with contempt of court bench warrant
Submitted: 4 years ago.
Category: Business Law
Expert:  Roger replied 4 years ago.

The bench warrant likely stems from your failure to appear for a judgment debtor examination, which is a process where the creditor asks questions about your books, records, assets, accounts, etc. in order to find some asset to seize and sell to pay off the judgment.

 

You'll need to appear on the contempt charge. This will likely only result in a fine; however, the judge can put you in jail, but it is not likely.

 

 

Customer: replied 4 years ago.

I understand the bench warrant..the only issue with it is I never received a summons from the court. I received a letter from the opposing attorney but never received a court summons.

Expert:  Roger replied 4 years ago.

If you were not served with process (summons and complaint), then the judgment would be void and subject to dismissal because of insufficient service of process.

 

You would have to file a motion to dismiss the judgment as being void under this principle.

Roger, Attorney
Category: Business Law
Satisfied Customers: 26435
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 5 other Business Law Specialists are ready to help you
Customer: replied 4 years ago.
Can I file that pro se?
Expert:  Roger replied 4 years ago.

If the judgment is against the corporation, no. This is so because a non-lawyer can represent himself, but no one else. Because an LLC is a separate legal entity, only a lawyer can represent it.

 

However, if you've been sued individually, you can file the motion yourself.

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